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(영문) 대전지방법원 논산지원 2019.04.26 2019고단93
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of B rocketing in line.

On December 24, 2018, 17:55 on December 24, 2018, the Defendant was driving ahead of the D front bus stops located in Seosan-si C with the salary-dong 4 side to the public health clinic.

At the time, it was difficult to see around the night, and the location was 50 km/h where people are expected to pass with the bus stops installed. In such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance, such as operating the electric light of the motor vehicle, securing sufficient view of the surrounding areas by accurately manipulating the steering gear of the motor vehicle, complying with the speed limit by accurately operating the steering gear and brakes, etc.

Nevertheless, without neglecting the above duty of care, the Defendant driven approximately 62.7 to 64.98km/h on a road with a limited speed of 50km/h, and caused the victim E (W, 75 years old) who was standing on the road at the front side of the Defendant’s car zone, to go beyond the road.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, which caused the death of the victim due to the death of two parts out of the site.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Protocol of inspection;

1. Analysis report on the speed of traffic accidents;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment is that the victim's bereaved family members do not want the punishment against the defendant, the increase in the vehicle involved and the negligence of the victim are likely to cause the accident of this case, the primary crime, the defendant's age, character and conduct, environment, criminal records, criminal records, circumstances, and after the crime.

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